Lindsey Graham withholds government funding because she wants to sue the DOJ for millions

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WASHINGTON — Sen. Lindsey Graham (R.C.) continued Friday morning to single-handedly pass a bipartisan bill to fund the government and demand the right to sue the federal government to access his phone records.

Graham objected to a provision in the spending package that would have revoked the ability of U.S. senators whose records were collected in the Jan. 6 investigation to claim millions of dollars in damages. Graham, whose phone metadata was collected by the Justice Department, helped pass the law last year. The House of Representatives voted unanimously to repeal it this month and included the provision in a government funding proposal.

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In an angry speech on the Senate floor, Graham addressed House Speaker Mike Johnson (R-La.) and his caucus in the House.

“You could have called me about $500,000,” Graham said, referring to the amount of damages senators can access in phone records. “I’d be happy to work with you. You jammed me, Chairman Johnson. I won’t forget it.”

Under existing law, Graham is eligible to be sued by the Justice Department for each violation, which lawmakers estimate could amount to several million dollars if the subpoenas cover records for multiple phones over multiple days.

The Senate wrote the provision last year after it was learned that former special counsel Jack Smith had obtained many of President Donald Trump’s phone records during his investigation into an attempt to overturn the 2020 election. Smith told lawmakers he sought the records because Trump and his co-conspirators called members of Congress on Jan. 6, 2021, rioted and pushed them to delay their certification of their loss to Joe Biden.

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House Republicans were disgusted by the provision, calling it self-serving and immoral. To try to win them over, Graham proposed expanding the pool of people eligible for compensation to include House lawmakers, whose phone records were also taken, as well as members of the general public targeted by Smith’s investigation.

Graham indicated Friday that he is willing to withdraw and allow a vote on the spending package if he receives assurances that the Senate will vote on changes to the payment provision, as well as a separate bill to crack down on immigration “sanctuary cities” like Minneapolis.

“I just want one vote,” Graham said.

Large parts of the government are set to shut down at midnight Friday if Congress does not approve a funding deal negotiated by Senate Democrats and Trump. Senators were expecting the bill to pass Thursday unless Graham objected. Any one senator can reject unanimous consent and block a quick vote on the floor.

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A temporary funding cap for parts of the federal government would not be ignored even if the Senate passes the bill on Friday, as it still needs a vote from the House to reach Trump’s desk. The impact of the shutdown won’t be felt as widely over the weekend as many federal workers don’t return to work until Monday.

Sen. Thom Tillis (RN.C.) said he understood Graham’s frustration with the Smith investigation, but said Republicans would be rightly blamed for shutting down the government if the funding bill is not passed.

“There are different ways you can go after Jack Smith, if that’s what you really want to do, if they do this kind of surveillance or phone tapping,” Tillis said. “Whether or not there should be a $500,000 reward for the member we target, I don’t want that. I want a dollar reward for sending a message, but come on, guys.”

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